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Janus v. AFSCME

Terms and Concepts of Janus v. AFSME Case

Term Concept Answer
Janus v. AFSCME (2018) U.S. Supreme Court case holding that requiring public-sector employees to pay union agency fees violates the First Amendment.
Mark Janus "Illinois state employee who challenged mandatory union fees
AFSCME "American Federation of State
Public-Sector Unions "Labor unions representing government employees (teachers
Agency Fees (Fair-Share Fees) Fees charged to non-union members to cover costs of collective bargaining and representation.
Collective Bargaining "Negotiation process between unions and employers over wages
First Amendment "Constitutional provision protecting freedoms of speech
Compelled Speech Forcing individuals to express or support ideas they may not agree with; central issue in the case.
Free Speech Rights The right to express ideas without government interference; expanded in this case to include not funding speech.
Abood v. Detroit Board of Education (1977) Prior Supreme Court case that allowed agency fees in public-sector unions; overturned by Janus.
Overruling Precedent "When the Supreme Court reverses a previous decision
Majority Opinion "The official ruling of the Court; in Janus
Justice Samuel Alito Supreme Court Justice who authored the majority opinion in Janus.
Dissenting Opinion "Opinion disagreeing with the majority; in Janus
Justice Elena Kagan "Justice who wrote the dissent
Strict Scrutiny Highest level of judicial review; applied to laws affecting fundamental rights like free speech.
Government Employer The state or public agency acting as an employer; relevant because speech is tied to public policy.
Union Representation The union’s role in negotiating and enforcing contracts on behalf of workers.
Free Rider Problem Issue where individuals benefit from union representation without paying dues.
Right-to-Work (Concept) Legal principle that workers cannot be forced to join or pay fees to a union; Janus effectively made public sector nationwide right-to-work.
Political Speech Expression related to public issues; the Court ruled union bargaining is inherently political.
Exclusive Representation "System where a union represents all employees in a bargaining unit
Labor Relations "Interactions between employers
Public Policy Government decisions and actions; relevant because public-sector bargaining affects taxpayer funds.
Union Membership Voluntary joining of a labor union; reinforced by Janus decision.
Constitutional Rights "Rights protected by the Constitution
Judicial Review Power of courts to interpret the Constitution and invalidate laws or practices.
Precedent Legal principle established in earlier cases that guides future decisions.
Stare Decisis Doctrine of following precedent; debated in the case when overturning Abood.
Workplace Speech Expression within employment context; expanded to include financial support of unions.
Created by: mlwhittier
 

 



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